New Mexico Water

Texas and New MexicoThe Dispute on the Lower Rio GrandeIn 2001 the Texas Legislature appropriated $6.2 million to the Texas Attorney General to sue the State of New Mexico on the Rio Grande. In 2003, the Texas Legislature appropriated $10.3 million to the Texas Attorney General for this purpose. In response, The Office of the Attorney General went to the New Mexico Legislature and received an appropriation of $9.2 million and is using that money to prepare New Mexico’s defense of the anticipated litigation. The Attorney General has retained the best lawyers, scientists and engineers with expertise in this area. While New Mexico did not seek this litigation and would prefer to attempt to negotiate an amicable agreement with Texas, it would be foolhardy not to prepare for litigation Texas seems determined to bring. Texas wants more water which means less water for New Mexico and New Mexicans. Given that and the potential for tens of millions of dollars in economic loss if Texas is successful, preparing for this unwelcome litigation is not only wise, it is a necessity.

Silvery Minnow - LitigationIn 1999 several environmental groups sued the federal government under the Endangered Species Act to force the release of water owned by farmers and municipalities along the Rio Grande for the Rio Grande silvery minnow, an endangered species. The State of New Mexico intervened in the lawsuit to protect the state and its citizens. While New Mexico agrees that endangered species must be protected, we definitely disagree that this can and should be done by taking water, without compensation, from the farmers and cities that own it. To date, the environmental groups have been successful, but the litigation continues and is presently before the United States Tenth Circuit Court of Appeals for the second time.

CooperationBecause of the importance of protecting both our water and endangered species, the Attorney General was one of the founding members of the Middle Rio Grande Endangered Species Act Collaborative Program. This group, composed of state and federal agencies, farmers, municipalities and environmentalists is seeking to resolve the conflict that litigation has been unable to resolve - the conflict between New Mexico's water and water rights and the recovery of endangered species. Founded before any litigation was filed, the group has been successful in such endeavors as habitat restoration, building a naturalized refugia for silvery minnows, rescuing fish from drying stretches of the river and purchasing water to aid the minnow. To date, the group has brought tens of millions of federal money into New Mexico for these purposes. The Attorney General's Office is committed to this cooperative approach to problem solving and believes that it, rather than contentious litigation, is the better way to resolve the problem.